The DEA has officially recognized a new two-part test for determining whether a substance has an accepted medical use, which was used to determine whether marijuana should be rescheduled.
This acknowledgment was quietly included in a footnote within a recent notice about the scheduling of two synthetic opioids under Schedule I of the Controlled Substances Act (CSA).
In past scheduling rulings, the government followed a five-part test to evaluate whether a substance met this definition, considering factors such as its chemical composition, health data, and other relevant information. However, the Department of Health and Human Services (HHS) recently adopted a more streamlined two-part test while reviewing the proposed rescheduling of marijuana, concluding that cannabis fits under Schedule III.
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